A change of direction

Since we've been something of a rabble rouser when it comes to open government in South Dakota, we should give credit where credit is due. This is not in any priority order -- in fact, it basically starts with the late comers first.

God bless Governor Mike Rounds for seeing the light and accepting a philosophical change of direction for the state. His signing of a new open records law yesterday (3/19/09) was something of a turnaround for the governor, who has claimed previous versions were not strong enough in protecting individual rights. The new law, which takes effect July 1, importantly contains a presumption that government documents should be open to the public, unless there are good reasons for keeping them under wraps.

The new law is far from perfect, but it's lightyears ahead of what exists right now -- basically allowing bureaucrats at any government level to make decisions about what should and should not be open to the public. In other words, it generally presumed that only documents required to be kept by government would be made available -- if officials wanted to make them available.

I don't know what motivated Republican State Senator Dave Knudson to get behind and push for a new open records law. Perhaps he saw it as a good resume-builder for would-be gubernatorial candidates. Maybe he simply believed South Dakota was due for more open government. Whatever the incentive, he did his homework and navigated his SB-147 handily through the legislature. Thanks, Dave.

Democratic Senator Nancy Turbak Berry should certainly be acknowledged for giving high visibility to open government last year, when she introduced a similar open records law -- but without a lot of the politically-worded baggage necessary to get it through the legislature. Her early spadework, along with that of several others legislators, was critically important.

And, of course, a multitude of candidates last election thought it was important enough to publicly speak out and advocate a stronger open records law. Near the head of that list of folks was Nyla Griffith of Deadwood, a Democrat whose campaign last year for a seat in the State Senate fell short.

Certainly, South Dakota newspapers played a role in pushing through the new law, and they deserve recognition. However, this was NOT just a media deal. It was a citizen movement, and it was growing significantly. I suspect that had as much to do with final approval of the new law as anything. Politicians seem to sense such groundswells --- at least the good ones do.

A glimmer of sunshine

We’re delighted with Senator Dave Knudson’s leadership in getting a new open records law through the South Dakota Senate. The Republican leader from Sioux Falls introduced SB-147 in late January, and it has cleared the Senate – unanimously – and now awaits action in the House.

The legislation is important because it introduces a fresh new perspective regarding public records: unless there’s good reason to keep them closed, all public records are open for public scrutiny!

That would be a big change for South Dakota, which has one of the most restrictive laws in the country. Admittedly, SB-147 has a long list of records that would remain closed, and some of those provisions are vague enough that officials can still probably keep a lid on some information that should be made public, but we still support the bill because of its presumption of all records being open.

How the House and Governor Rounds will handle SB-147 is uncertain. Its bipartisan group of co-sponsors, ranging from Senators Adelstein and Heidepriem to Representatives Hunhoff and Faehn, bode well for the measure.

Rounds has been a staunch opponent of previous open records initiatives, and he managed to exert enough influence to get an open records bill killed last year. Early this session, reporter Bob Mercer quoted the Governor as saying that changing the law could inadvertently disclose personal information about private citizens that “a bureaucrat” had gathered.

Personal privacy is a valid concern, and Knudson and his co-authors have done a good job in SB-147 of protecting privacy; witness the laundry list of items that would remain closed.

Perhaps the Governor should be just as concerned about bad and potentially embarrassing government activities that public documents could reveal – but that are kept under wraps by “a bureaucrat” who wants to protect himself or his bosses.

Can you say “no-bid contracts”?

...into the sunshine: SB-147

We were pleasantly surprised Thursday (1/29) to see a new open records measure introduced by State Senator Dave Knudson and a bi-partisan group of legislative leaders. SB-147 emerges with the presumption that public documents should be accessible to the public unless there is ample justification for keeping them confidential.

That's light years ahead of existing law, which basically presumes that records are closed to the public unless specifically identified as "open." There are lots of exceptions in this new measure -- maybe too many -- but it's a big step in the right direction for South Dakota.

Congratulations to Senators Knudson, Heidepriem, Rhoden, Turbak Berry, and several other legislators in both the Senate and House for stepping forward with this important piece of legislation.

Take a look at SB-147.

I think the legislature will pass this bill -- or some form of it -- this session. But don't expect the Governor to sign it with a smile, if he signs it at all.

With the fiscal crisis enveloping state government, this will likely be one of a handful of "non-fiscal" topics to get much attention. We look forward to watching the story evolve.